Supreme Court Asks BCI Whether It Will Withdraw Upper Age Limit For 5-Year Law Admissions

The Supreme Court on Friday asked the Bar Council of India (BCI) whether it was willing to reconsider or withdraw its resolution prescribing an upper age limit for admission to law degree courses.

A three-judge Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana was hearing a petition challenging the BCI's prescription of maximum age limits for admission to law courses. The petition has been filed by Rishabh Duggal.

During the hearing, the BCI's counsel said she had instructions to leave the issue to the Supreme Court, while also explaining the rationale behind the age restriction. According to the BCI, the upper limit for the five-year integrated law course was prescribed because most such courses are residential and are generally designed for younger students.

The Bench, however, questioned whether the residential character of a course could by itself justify an upper age limit.

Justice Joymalya Bagchi pointed out that not all five-year law courses are residential, observing that institutions such as Calcutta University offer non-residential programmes. The Court questioned whether the nature of the course could therefore serve as the basis for determining the maximum age for admission.

Challenge To BCI's Power

Senior Advocate Zoheb Hossain, appearing for the petitioners, challenged the very authority of the BCI to prescribe an upper age limit.

He argued that while the Advocates Act, 1961 empowers the BCI to prescribe minimum qualifications and regulate standards of legal education, that power could not automatically be extended to imposing a maximum age for admission.

The petitioners have challenged the restrictions on constitutional and statutory grounds, including under Articles 14, 19(1)(g) and 21 of the Constitution. They have also questioned whether the BCI possesses the necessary statutory authority under the Advocates Act to impose such a restriction.

The BCI's Rules of Legal Education, 2008 originally prescribed an upper age limit of 20 years for general-category candidates seeking admission to five-year integrated law courses, with a five-year relaxation for certain reserved categories. For the three-year law course, the prescribed upper age limit was 30 years, again with a five-year relaxation for specified categories.

The BCI subsequently withdrew the relevant age-restriction provision in 2013. The restriction was later revived through a resolution dated September 17, 2016.

Now, the BCI has sought time to obtain instructions on whether it would agree to withdraw the disputed resolution. The Supreme Court accordingly directed the Bar Council to apprise it of its stand.

Court indicated that if the BCI decides to withdraw the restriction, the matter may be dealt with on that basis. If the BCI maintains the restriction, the Supreme Court is expected to examine the broader legal question concerning the Council's power to prescribe an upper age limit for admission to law courses. The matter has been listed after two weeks.